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(영문) 춘천지방법원강릉지원 2020.10.20 2019나32214
사해행위취소
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the part on “1. Basic Facts” in the judgment of the court of first instance, and all of them are the same as stated in the main sentence of Article 420 of the Civil Procedure Act. As such, the court’s explanation on this part shall be cited including the abbreviation

[Supplementary part] The "C" of the first instance judgment No. 9, 12, 15, and 18 shall be added to "Plaintiff".

The following shall be added after the last day of the judgment of the first instance.

D. Meanwhile, on March 25, 2014, the Plaintiff borrowed interest of KRW 20,000,000 from the Intervenor to the Plaintiff at 2% per month, and thereafter thereafter, was engaged in money transactions with the Intervenor to the Plaintiff. Of these, the Plaintiff, on May 30, 2018, borrowed KRW 129,00,000 from the Intervenor to the Plaintiff at 24% per annum, with the interest rate of KRW 129,00,00,000 from the Intervenor to the Plaintiff at 24% per annum, and the period and method of payment shall be determined by dividing the Plaintiff’s Intervenor into the notarial deed as KRW 10,00,000 on October 30, 2018, KRW 50,000 on January 31, 300,000, and KRW 150,000 on December 31, 2019.

E. On September 5, 2018, the Plaintiff’s assistant intervenor filed a lawsuit seeking revocation of a fraudulent act by asserting that the sales contract of June 22, 2018 (hereinafter “instant sales contract”) with the Defendant primarily constitutes a false representation of conspiracy, and thus, the registration of transfer of ownership completed in the future in the Defendant’s respect to each of the instant real estate constitutes a fraudulent act.

On the other hand, on January 29, 2019, the Plaintiff filed an application for individual rehabilitation with the Chuncheon District Court Decision 2019Da402, and taken over the instant lawsuit pursuant to the Debtor Rehabilitation Act after receiving a decision to commence individual rehabilitation procedures from the above court on February 4, 2020. This court is governed by the Debtor Rehabilitation Act.

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